Author Topic: PCN from New box junction camera Westwood Hill, Sydenham. Any redress?  (Read 127 times)

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The yellow box junction at the bottom of Westwood Hill coming into Sydenham, London SE26 has just got a camera having not ever had one before.


I got a PCN last week having not noticed it had gone up. On the face of it it looks like i'm bang to rights but does the fact that there are roadworks completely blocking the right turn and oncoming traffic make any difference to the issuing of this PCN?

The box junction cannot be used as nobody can turn right or come out of that road onto the junction so it is not currently a junction.


I would be really grateful if the experts can cast their gaze over the paperwork and see if anything is untoward (as it usually is) and whether the roadworks make any difference, before I pay it.


Thank you as always for your amazing help. Please let me know if I need to post any other information.

https://streamable.com/74vm5c?src=player-page-share - Video take from Lewisham PCN website



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« Last Edit: Today at 06:11:04 pm by Lefeuvre76 »

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you need the video. its the only evidence to prove a contravention
Quote from: andy_foster
Mick, you are a very, very bad man

The video shows what would normally be a clear contravention, no doubt on that at all, but the situation was not normal, because the opposite lane was closed, and with it, the side road that allows vehicles to join the main road.

So basically this is a typical money-grubbing PCN and it has to be doubted if the video has been viewed before the PCN was sent out; I suspect not.

The law is that a YBJ must be at the junction of two or more roads, and with the closures that no longer applies, so I would submit representations on that basis and question why enforcement is being undertaken during the road works, because the YBJ has no purpose while they are in progress. One could say that the YBJ is not valid during the works because it is not at the junction of two or more roads. However, wait a bit a see what the others say.

you need the video. its the only evidence to prove a contravention
Video now attached.

The video shows what would normally be a clear contravention, no doubt on that at all, but the situation was not normal, because the opposite lane was closed, and with it, the side road that allows vehicles to join the main road.

So basically this is a typical money-grubbing PCN and it has to be doubted if the video has been viewed before the PCN was sent out; I suspect not.

The law is that a YBJ must be at the junction of two or more roads, and with the closures that no longer applies, so I would submit representations on that basis and question why enforcement is being undertaken during the road works, because the YBJ has no purpose while they are in progress. One could say that the YBJ is not valid during the works because it is not at the junction of two or more roads. However, wait a bit a see what the others say.

Thank you for your thoughts. It seems there is mixed messaging from doing some research online. I have seen quite a lot saying it does not matter how many roadworks are up, even if the entire other side of the road is sealed off including the right turn, the box junction and the 31J PCN would still be valid.

Then there are some who say it could be argued that the roadworks mean that this is no longer a junction of any kind so should not function as one.

I think I've seen a previous adjudicators decision that agreed a box junction shouldn't be enforced when there is no longer a junction due to a road closure.  Will try and find it.

No luck so far - I'll keep looking (hope I didn't imagine it).

Meanwhile, this blog post by Mr Mustard offers encouragement

Is this a valid yellow box junction? Needless to say Enfield Council are still issuing PCNs here, at the supposed junction of Southbury ...
lbbspending.blogspot.com


There is also a key case on the London Tribunals website which sets out very clearly that box junction markings which extend beyond a road junction itself are not valid to enforce, and this seems to me to be analogous to your situation.

Extract as follows:

"The problem with the special authorisation is this. Part of the box that it purportedly authorises is not within the junction of the roads. At its southern side it includes a triangle of road that is not within the junction and is therefore not 'at a junction between two or more roads'. The prohibition, however, relates only to a box junction as defined. The special authorisation therefore purports to extend the prohibition outside the junction. It does not seem to me that the power to authorise signs empowers the Secretary of State to effectively redefine the prohibition prescribed by Schedule 19.

This is not an insignificant matter. The box as purportedly authorised extends for a significant distance beyond the junction itself. This increases the distance the motorist has to traverse without stopping, and therefore makes it more difficult for them to make progress without falling foul of the box. It is also difficult to see what the point of extending the box beyond the junction is, given that the purpose of the prohibition plainly is to stop stationary vehicles blocking the junction to crossing traffic. Clearly, stopping in the area beyond the junction would not block the junction.

I accordingly find that this yellow box is not a lawful road marking. Therefore the contravention did not occur. I allow this appeal."
« Last Edit: Today at 05:40:56 pm by MrChips »

I think I've seen a previous adjudicators decision that agreed a box junction shouldn't be enforced when there is no longer a junction due to a road closure.  Will try and find it.

Thank you I would be very grateful if you could.